State v. Powell

Defendant appeals his conviction for felony driving while suspended. ORS 487.560(6). He argues that the court erred when it gave, over objection, a “weaker and less satisfactory evidence” instruction to the jury. We agree and reverse.

Defendant was suspended for one year after he had been convicted the second time for driving under the influence of intoxicants (DUII). That suspension expired on May 5, 1983. The issue at trial was whether defendant was stopped and cited during the early morning hours of May 4, 1983, or May 5,1983, the latter date being after the suspension period.

When defendant…